The city of Santa Clara recognizes the historical heritage of the Santa Clara community as a valued and important asset. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-1)

The following terms shall have the meanings set out below for the purposes of this chapter:

 

The Santa Clara historic district zone is established which shall be an overlay zone over the existing districts shown on the official Santa Clara City zoning map. In cases of conflict between this chapter and other provisions of this title, this chapter shall apply. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-2)

The boundaries of the Santa Clara historic district overlay zone are set forth as those areas indicated on the zoning map included as a part of this chapter. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-3)

The city of Santa Clara hereby establishes a heritage commission with the following provisions:

   A.   The heritage commission shall consist of five (5) members appointed by the mayor with the advice and consent of the city council for a five (5) year term, except that in making the initial appointment, the mayor and council shall appoint two (2) members for a term of three (3) years; and three (3) members for a term of five (5) years. Members shall not serve more than two (2) consecutive five (5) year terms. Each member shall have demonstrated interest, competence, or knowledge in historic preservation. An architect with expertise in historic preservation may be involved in the process on a case-by-case basis as determined by city staff. Additionally, the planning manager or designee shall be responsible for providing staff support to the heritage commission.

   B.   The city council may appoint from time to time one of its members to serve as a non-voting liaison to the heritage commission.

   C.   The heritage commission shall meet at least four (4) times each year except that the heritage commission may assemble as required to fulfill the duties of the heritage commission and conduct meetings in accordance with the open public meeting laws of Utah. Upon appointment of the initial heritage commission by mayor and city council, the heritage commission shall meet and elect one of its members as chairperson. The heritage commission shall then provide for the rules and procedures for the holding of regular and special meetings of the heritage commission as deemed advisable and necessary.

   D.   The heritage commission shall elect a chair and vice-chair from among its members yearly. The election of the chair and vice-chair will occur during the first regularly scheduled heritage commission meeting each year.

   E.   Vacancies shall be filled for the unexpired term of any member whose term is vacant. Any member may be removed for cause by the appointing authority.

   F.   The members of the heritage commission shall serve without compensation; however, they shall be entitled to be reimbursed for any actual expenses by them in the performance of their duties. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 2009-17 § 1: Ord. 2009-13 § 1: Ord. 2000-03 § 1: Ord. 97-06 § 18-4)

The heritage commission shall have the following duties:

   A.   Survey And Inventory Community Historic Resources: The heritage commission shall conduct, or cause to be conducted, a survey of the historic, architectural, and archaeological resources within the city. The survey shall be compatible with the Utah Inventory of Historic Archaeological Sites. Survey and inventory documents shall be maintained and shall be open to the public. The survey shall be updated every ten (10) years.

   B.   Review Proposed Nominations to The National Register of Historic Places: The heritage commission shall review and comment to the state historic preservation officer on all proposed national registry nominations for properties within the city's boundaries. When the heritage commission considers a national register nomination which is normally evaluated by professionals in a specific discipline and that discipline is not represented on the heritage commission, the heritage commission shall seek expertise in that area before commenting on the nomination.

   C.   Provide Advice and Information: The heritage commission shall:

      1.   Act in an advisory role to other officials and departments of government regarding the identification and protection of local historic and archaeological resources; and

      2.   Work toward the continuing education of citizens regarding historic preservation and community history.

   D.   Enforcement Of State Historic Preservation Laws: The heritage commission shall support the enforcement of all state laws relating to historic preservation. These include but are not limited to: Utah Code Annotated 17A-3-1301, the historic district antiquities, and Utah Code Annotated 9-8-4-4 regarding the notification of the state historic preservation officer of any known proposed action that will destroy, or affect, a site, building, or object, owned by the state of Utah and included on, or eligible for, the state of national registers.

   E.   Act As Design Review Committee: Act as the historic district design review committee with respect to new construction (excluding minor additions), exterior design proposals, demolition, or relocation, of a significant historic building, or any construction or modification of a sign within the historic district. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 2009-17 § 1: Ord. 2000-03 § 1: Ord. 97-06 § 18-5)

   A.   Upon submission to the planning commission of a concept plan for development located within the historic district, the planning commission or designee shall inform the developer and/or owner of the heritage commission's required submittals and review procedures. The heritage commission shall review all development proposals submitted to the planning commission within the historic district and report to the planning commission on the proposals.

   B.   When a request for a building permit is made to the city based upon an exterior design proposal, the heritage commission shall review, at a minimum, the exterior design of buildings, architectural treatment, landscaping, design of signs and other items related to design objectives, to determine whether proposed construction substantially complies with historic district design guidelines and make a report to the planning commission prior to the issuance of a building permit.

   C.   All exterior design proposals shall be subject to planning commission approval after recommendation from the heritage commission. No building permit shall be issued in the historic district without this approval.

   D.   The heritage commission and city staff shall exercise continuing review of a project as it progresses from conceptual stage through construction and completion to ensure compliance with historic district design guidelines and planning commission approvals.

   E.   After the denial of a permit by the planning commission, an applicant may request an exemption as provided in subsection F of this section or may appeal to the city council for approval. On appeal to the city council, its decision shall be final.

   F.   A property owner may be exempted from the restrictions imposed by this chapter on significant historic buildings by applying for an exemption. The application shall state the reasons why: 1) the building is no longer suitable for present purposes; and 2) why the applicant cannot earn a reasonable return from use or rental of the building if altered, reconstructed, or demolished within the limitations and guidelines adopted under this chapter. Determination of whether a building is appropriate for exclusion from the application of this chapter shall be made by the planning commission upon recommendation by the heritage commission. If an applicant desires to appeal the denial of an exemption or the heritage commission desires to appeal the granting of an exemption, the applicant or heritage commission may request consideration by the city council, and its decision, after a public hearing, shall be final. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-7)

   A.   When an application is made for a demolition permit affecting a significant historic building which is not a designated landmark site, the heritage commission and planning commission shall:

      1.   Review the condition of the building to determine the impact of the demolition on the neighborhood and the technical feasibility for preserving the structure.

      2.   If new construction is proposed for the site, it should be reviewed in conjunction with review of the demolition permit application.

      3.   The application shall also describe the reason for the demolition and any development proposed for the demolition site including renderings of the proposed new construction.

   B.   Demolition permits for significant historic buildings not designated a landmark site, shall not be recommended by the heritage commission and approved by the planning commission until both commissions have had reasonable time, not to exceed ninety (90) days from receipt of completed application, to review the proposed new construction, and make recommendations regarding compliance with the historic district design guidelines. Granting of the permit shall be determined after review by the heritage commission prior to planning commission recommendations. The building official may allow for an exception on a case-by-case basis for fire and/or water damage. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-8)

   A.   The planning commission may, upon written recommendation of the heritage commission, recommend to the city council, rules, regulations, and guidelines to implement and administer the purposes and intent of this chapter.

   B.   Until at least three (3) members of the heritage commission are appointed, the planning commission shall serve as the heritage commission. (Ord. 2024-12: Ord. 2022-23 § 1: Ord. 97-06 § 18-9)